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Usage, Trademarks, Copyrights, Patents and Warranty

emWave® AND TRAINING HEARTMATH TECHNIQUES

emWave may only be used to teach HeartMath techniques to others in a training program if you are a licensed HeartMath Trainer. If you are not licensed, you may only demonstrate the use of emWave in a training program, but not teach the proprietary techniques included in this manual. Purchase of emWave does not give you a license to use the HeartMath brand in advertising or marketing that would imply that you are a licensed or certified trainer of the HeartMath® system techniques nor to charge fees specifically for the use of emWave by others. If you are interested in becoming licensed to use the HeartMath brand and teach HeartMath techniques in a commercial setting, using emWave and/or to charge fees for allowing others to use emWave, please contact HeartMath LLC, 14700 West Park Avenue, Boulder Creek, CA 95006; Phone: 831-338-8700 ext 14 for information about eligibility for certification.

Authorized resellers of emWave may use the product to give demonstrations of its features to groups and may instruct individuals on how to use the product, but may not charge customers for the demonstration sessions. Health Practitioners may use emWave as a tool in the normal course of their delivery of health services. Hospitals, clinics, companies, schools and other organizations may make emWave available in a public location for demonstration purposes, as long as fees are not charged for this use.

emWave® AND COHERENCE

HeartMath programs and products teach people about physiological coherence and how to shift to this state, as described and defined by the Institute of HeartMath’s published scientific research. We are not aware of any research to imply that emWave validates any other methodologies that may be taught in other training programs. Other approaches may also lead to some coherence; however, that does not also mean that they lead to the same health and performance benefits as emWave.

The Institute of HeartMath is credited with first describing and defining the concepts of physiological and psychophysiological coherence and researching and developing the methodologies to accurately measure coherence. The first scientific publications describing coherence were published in peer-reviewed journals in 1993, although the concepts were taught in HeartMath programs even earlier. The first use of the term “cardiac coherence” was published in 1996 in a HeartMath paper titled: Cardiac Coherence: A new non-invasive measure of autonomic system order. Alternative Therapies in Health and Medicine. 1996;2(1):52-65.

COPYRIGHT NOTICE

No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, recording, or otherwise, without the prior written permission of Quantum Intech. emWave is manufactured for Quantum Intech, Inc., 14700 West Park Avenue, Boulder Creek, CA 95006, Website: http://www.quantumintech.com; Email: info@quantumintech.com. Information in this document is subject to change. The manufacturer may make improvements and/or changes in products, services, protocols and prices at any time without notice.

TRADEMARK NOTICE

emWave is a trademark of Quantum Intech, Inc. Personal Stress Reliever is a trademark of Quantum Intech Inc. HeartMath is a registered trademark of Institute of HeartMath. Quick Coherence is a registered trademark of Doc Childre. All other products or name brands are trademarks of their respective holders. Quantum Intech does not grant you a license to use the trademarked terms emWave®, Quick Coherence®, Freeze-Framer®, nor any other trademarked terms of Quantum Intech, the Institute of HeartMath, Doc Childre or HeartMath LLC in advertising or marketing.

PATENT NOTICE

emWave is manufactured under US patent 6,358,201 and Australian patent 770323. Additional patents are pending.

WARRANTY

emWave The Personal Stress Reliever® LIMITED WARRANTY. QUANTUM INTECH warrants that the device will perform substantially in accordance with the accompanying printed materials for a period of one year from the date of purchase (the Limited Warranty). Any implied warranties on the device are limited to one year.

SOME STATES/PROVINCES/COUNTRIES DO NOT ALLOW LIMITATIONS ON DURATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THE UNITED KINGDOM: NOTHING IN THIS LIMITED WARRANTY WILL AFFECT YOUR STATUTORY RIGHTS, INCLUDING YOUR RIGHTS, IF ANY, AGAINST QUANTUM INTECH.

CUSTOMER REMEDIES. QUANTUM INTECH’s entire liability and your exclusive remedy in respect of this Limited Warranty, shall be, at QUANTUM INTECH’s option, either (a) return of the price paid or (b) repair or replacement of the device that does not meet this Limited Warranty, and that is returned to QUANTUM INTECH with proof of purchase (i.e., a copy of your receipt). This Limited Warranty is void if failure of the device has resulted from accident, abuse, or misapplication. Any replacement device will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

IN THE U.S. & CANADA: NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, QUANTUM INTECH disclaims all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to the device and the accompanying materials. This Limited Warranty gives you specific legal rights and you may also have other rights which may vary from state to 51 state, province to province or country to country.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall QUANTUM INTECH or their respective suppliers be liable for any damages whatsoever, including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss arising out of the use or inability to use the device, malfunction, or any and all other commercial damages or losses, even if QUANTUM INTECH or any of such suppliers has been advised of the possibility of such damages. In such case, QUANTUM INTECH and their respective suppliers’ entire liability shall be limited to the amount paid by you for the device. Because some states/provinces/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

THIS LIMITED WARRANTY DOES NOT COVER:

1) QUANTUM INTECH will not repair defects under the limited warranty related to servicing not performed by QUANTUM INTECH.
2) QUANTUM INTECH will not provide any warranty service if emWave shows evidence that it has been tampered with, misused, or altered; for example: moisture damage sufficient to affect the proper function of the sensor; damage to the case.
3) QUANTUM INTECH IS NOT LIABLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

INQUIRIES. Should you have any questions concerning this Agreement or the Limited Warranty, or if you desire to contact QUANTUM INTECH for any other reason, please contact our office:

Quantum Intech, Inc., 14700 West Park Avenue, Boulder Creek, CA 95006 or email: info@quantumintech.com © 2006 Quantum Intech, Inc.

Some states/provinces/countries do not allow the exclusion or limitation of incidental, special, 52 or consequential damages, so the above exclusion or limitation may not apply to you. Your Rights Under Implied Warranties and State/Province Law: THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES, OBLIGATIONS OR LIABILITIES. QUANTUM INTECH LIMITS THE DURATION OF ANY WARRANTY IMPLIED BY STATE/PROVINCE LAW, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO ONE YEAR FROM THE DATE OF ORIGINAL PURCHASE.

Some states/provinces/countries do not allow limitations on how long implied warranties last, so the above limitation may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state, province to province or country to country. emWave is a trademark of Quantum Intech, Inc. in the U.S. and other countries. Copyright © 2006 Quantum Intech, Inc. All rights reserved.